Others – Quê Mehttps://queme.org/en/
Quê Me: Action for democracy in Vietnam & Vietnam Committee on Human RightsWed, 20 Mar 2019 10:56:00 +0000en-UShourly1https://wordpress.org/?v=5.0.3Does Vietnam have carte blanche for crackdown on dissent?https://queme.org/en/does-vietnam-have-carte-blanche-for-crackdown-on-dissent/
https://queme.org/en/does-vietnam-have-carte-blanche-for-crackdown-on-dissent/#respondWed, 17 Oct 2018 09:25:00 +0000http://queme.org/?p=40390/ Human rights advocates are expressing concern over an intensified crackdown on dissent in Vietnam. Some analysts suggest that the Communist regime is emboldened by perceptions that it is a strategically vital bulwark against China’s sharp power in the region. By making a rare second trip this year to Vietnam, Defense Secretary James Mattis …

Human rights advocates are expressing concern over an intensified crackdown on dissent in Vietnam. Some analysts suggest that the Communist regime is emboldened by perceptions that it is a strategically vital bulwark against China’s sharp power in the region.

The authorities of Thanh Minh Zen monastery in Ho Chi Minh City recently expelled Thich Quang Do (above), a well-known human rights activist and supreme patriarch of the Unified Buddhist Church of Vietnam (UBCV). As a result of his commitment to religious freedom and democracy, Thich Quang Do was under house arrest since 2003 and subject to strict regime surveillance, Asia News reports.

The International Buddhist Information Bureau (IBIB) said that the 91-year-old patriarch had been asked on Sept. 15 to leave the monastery by its superior monk Thích Thanh Minh as his presence had become a distraction to the daily operations of the monastery. Speaking to RFA’s Vietnamese service, IBIB director Vo Van Ai explained the various difficulties that the intrusive police presence caused the monastery during the patriarch’s house arrest.

“People don’t want to visit the monastery because they are afraid of being monitored by the police. They even took pictures of everyone visiting the monastery,” Vo said. Life inside the monastery had been “just like a prison” for the elderly patriarch.

In a letter to U.S. Ambassador to Vietnam Daniel Kritenbrink, U.S. Congressman Alan Lowenthal explained, “The Patriarch left the Thanh Minh Zen Monastery … and was only able to take with him three Buddhist monk robes. From September 15th to October 5th, Patriarch Thich Quang Do was “homeless” and had to stay at various monasteries throughout Saigon. On October 5th, the Patriarch boarded a train back to his ancestral hometown in Thai Binh Province, northern Vietnam. His current health and well-being are unknown and communications with the Patriarch have been cut off. I am deeply concerned with Patriarch Thich Quang Do’s current conditions.”

Do Cong Duong (left) – RFA

A Vietnamese citizen journalist who in September was sentenced to four years in prison for “disrupting the public order” has seen his sentence grow to nine years after being convicted on other charges, RFA adds:

Defend the Defenders reported on October 12 Do Cong Duong (left) was sentenced Friday to five more years on the charge of “abusing democratic freedom” under Article 331 of the country’s 2015 Penal Code. The NGO affiliated with Reporters Without Borders said that just as in the first trial, Duong’s relatives were not allowed to observe the second trial from inside the courtroom at the People’s Court of Bac Ninh Province.

The regime has also attacked “the Lady Gaga of Vietnam” (see below), who has traded in the trappings of fame to push for human rights and creative expression, CNBC reports.

Quang assumed the presidency in 2016, and prior to that, he had led the Ministry of Public Security, which includes Vietnam’s secret police and intelligence agency. According to the BBC, Quang was a “loyal and committed communist party member and known for his hard-line approach to dissent. Scores of dissidents have been jailed under his leadership.”

For example, in 2001, he launched a plan called “Appeal for Democracy in Vietnam,” which was supported by more than 300,000 Vietnamese from different faith backgrounds, as well as international stakeholders. As a result, the government placed him under administrative detention without trial at Thanh Minh Zen Monastery and prevented him from receiving medical treatment despite suffering from diabetes.

]]>https://queme.org/en/does-vietnam-have-carte-blanche-for-crackdown-on-dissent/feed/0Letter to US Congresswoman Sheila Jackson Lee from the Tammy Tran Law Firm requesting urgent support for UBCV Patriarch Thich Quang Dohttps://queme.org/en/letter-to-congresswoman-sheila-jackson-lee-tammy-tran-law-firm-on-thich-quang-do/
https://queme.org/en/letter-to-congresswoman-sheila-jackson-lee-tammy-tran-law-firm-on-thich-quang-do/#respondMon, 15 Oct 2018 16:30:00 +0000http://queme.org/?p=40394/Download the Letter (PDF) here You have always been a dedicated supporter of the Vietnamese American community in Texas since the day my Law Firm has been opened. It has been 21 years and we went through thick and thin together. You have been a strong voice in Congress for freedom and democracy …

You have always been a dedicated supporter of the Vietnamese American community in Texas since the day my Law Firm has been opened. It has been 21 years and we went through thick and thin together. You have been a strong voice in Congress for freedom and democracy in Vietnam, my mother land. I am therefore asking today for your urgent assistance on behalf of Vietnam’s most famous and longest-detained prisoner of conscience, Most Venerable Thich Quang Do.

The Observatory for the Protection of Human Rights Defenders, a joint partnership of FIDH and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Vietnam.

Description of the situation:

The Observatory has been informed by reliable sources about the arbitrary detention and imminent deportation of Ms. Debbie Stothard, Secretary-General of FIDH and Coordinator of the Alternative ASEAN Network on Burma (ALTSEAN-Burma).

According to the information received, on September 9, 2018, at approximately 3:00pm, Vietnamese immigration authorities at Hanoi’s Noi Bai International Airport barred Ms. Stothard from entering the country upon her arrival and detained her. Authorities justified the restrictions by invoking Article 21(9) of the 2014 Law On Foreigners’ Entry Into, Exit From, Transit Through and Residence in Vietnam. Article 21(9) bars individuals from entering Vietnam “for national defense, security or social order and safety.”

Ms. Stothard was traveling to Vietnam in order to attend the World Economic Forum on ASEAN (WEF), which is scheduled to take place in Hanoi from September 11 to 13, 2018. Ms. Stothard had been invited to speak at a panel discussion on “Innovation Under Stress”, scheduled for September 13, 2018.

Ms. Stothard was subsequently informed that she would remain detained at Hanoi’s Noi Bai International Airport overnight and be deported to Kuala Lumpur, Malaysia, on the morning of September 10, 2018. Ms. Stothard was not given access to a lawyer.

On September 6, 2018, WEF staff members were informed by Vietnam’s Deputy Prime Minister’s Office that Ms. Stothard had been blacklisted because of her human rights work.

The Observatory strongly condemns Ms. Stothard’s detention and imminent deportation, which seems aimed at punishing her for her legitimate human rights activities in the region.

The Observatory also recalls that the United Nations Working Group on Arbitrary Detention (WGAD) has considered “arbitrary” the deprivation of liberty of human rights defenders who seek to enter a third country to peacefully exercise their rights to freedom of expression, freedom of assembly, and freedom of association (1).

Actions requested:

Please write to the authorities of Vietnam asking them to:

i. Immediately and unconditionally release Ms. Debbie Stothard and guarantee, in all circumstances, her freedom of movement and that of all human rights defenders in Vietnam;

ii. Put an end to any harassment against all human rights defenders in Vietnam, and ensure in all circumstances that they are able to carry out their legitimate activities without any hindrance or fear of reprisals;

iii. Conform to the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, in particular with Articles 1, 5(b), and 12.2;

iv. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Vietnam.

Please also write to the diplomatic representations of Vietnam in your respective countries.

***

Paris-Geneva, September 9, 2018

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory for the Protection of Human Rights Defenders (the Observatory) was created in 1997 by FIDH and the World Organisation Against Torture (OMCT). The objective of this programme is to prevent or remedy situations of repression against human rights defenders. FIDH and OMCT are both members of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism implemented by international civil society.

PARIS-GENEVA, 9 April 2018 – The Observatory for the Protection of Human Rights Defenders, a partnership of FIDH and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Viet Nam.

According to the information received, on April 5, 2018, the People’s Court in Hanoi sentenced Nguyen Van Dai to 15 years in prison on charges of “activities aimed at overthrowing the peoples’ administration” (formerly Article 79, now Article 109 in the amended Criminal Code). Under the same charges, Nguyen Trung Ton and Truong Minh Duc were each sentenced to 12 years in prison and Nguyen Bac Truyen received an 11- year prison term. Likewise, Le Thu Ha and Pham Van Troi were sentenced to nine and seven years in prison respectively.

The charges against them stemmed from their advocacy for the establishment of a free market economy and a democratic government, their calls on international organisations to speak out against human rights violations, and their legal support to dispossessed farmers and victims of the Formosa pollution disaster (2).

Ahead of the verdict, plainclothes police officers arrested several protesters who sought to march to the court in Hanoi. Protesters were holding signs reading “democracy is not a crime” and “oppose suppression of Brotherhood for Democracy”.

The Observatory recalls that Nguyen Van Dai and Le Thu Ha have been arbitrarily detained without trial since December 16, 2015 (3). Truong Minh Duc, Nguyen Trung Ton, Pham Van Troi, and Nguyen Bac Truyen were simultaneously arrested at their homes in Hanoi, Ho Chi Minh City, and Thanh Hoa on July 30, 2017, and have been arbitrarily detained since. Three other members of the group, Nguyen Trung Truc, Nguyen Van Tuc, and Tran Thi Xuan, arrested between July and October 2017, remain in custody. Nguyen Van Tuc is expected to stand trial on April 10, 2018 in Thai Binh Province. In June 2017, the UN Working Group on Arbitrary Detention (WGAD) declared Nguyen Van Dai’s detention arbitrary and called for his release (4).

The Observatory urges the Vietnamese authorities to immediately and unconditionally release them as well as Nguyen Trung Truc, Nguyen Van Tuc, and Tran Thi Xuan and to put an end to all forms of harassment against them, including at the judicial level.

Please also write to the embassies of Viet Nam in your respective country.

***

Paris-Geneva, April 9, 2018

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory for the Protection of Human Rights Defenders (the Observatory) was created in 1997 by FIDH and the World Organisation Against Torture (OMCT). The objective of this programme is to intervene to prevent or remedy situations of repression against human rights defenders. FIDH and OMCT are both members of ProtectDefenders.eu , the European Union Human Rights Defenders Mechanism implemented by international civil society.

—————————————————————
(1) Brotherhood for Democracy is an independent civil society organisation that promotes human rights through online actions and coordinates the efforts of various pro-democracy actors in the country.

(2) On April 6, 2016, sea life began washing up on the beaches of Hà Tĩnh province near a steel plant being developed by Taiwan’s Formosa Plastics Corp as it discharged toxic industrial waste illegally into the ocean through drainage pipes. Within weeks, more than 200 km of coast had been contaminated.

(3) See Observatory Urgent Appeal VNM 001/1215/OBS 110, published on December 18, 2015 as well as Joint Press Release, April 3, 2018.

]]>https://queme.org/en/observatory-vietnam-arbitrary-detention-sentencing-6-members-brotherhood-democracy/feed/0VCHR and EPRID Statement on Prisoners of Consciencehttps://queme.org/en/eprid-statement-prisoners-conscience/
https://queme.org/en/eprid-statement-prisoners-conscience/#respondMon, 18 Dec 2017 14:06:46 +0000http://queme.org/?p=38108/ The Vietnam Committee on Human Rights (VCHR) joins the European Platform against Religious Intolerance and Discrimination (EPRID) in condemning abuses of the right to freedom of religion or belief around the world, and calls for the release of all those deprived of their freedom because of their religious or non-religious beliefs. EPRID is a …

The Vietnam Committee on Human Rights (VCHR) joins the European Platform against Religious Intolerance and Discrimination (EPRID) in condemning abuses of the right to freedom of religion or belief around the world, and calls for the release of all those deprived of their freedom because of their religious or non-religious beliefs. EPRID is a network of civil society organisations, including religious and non-religious associations operating at EU level which aims to contribute to the collective promotion and protection of the right to freedom of religion or belief in the world as defined by Article 18 in the Universal Declaration of Human Rights. VCHR has been a member of EPRID since its creation in 2006.

For immediate Release: Brussels, 18 December 2017

EPRID Statement on Prisoners of Conscience

At this festive time, as people around the world gather to celebrate hope-filled traditions, the European Platform against Religious Intolerance and Discrimination (EPRID) remembers that all people have the right to freedom of religion or belief, which includes the right to freely adopt, change and manifest a chosen faith or none.

Freedom of religion or belief (FoRB) is central to identity, dignity and community. EPRID, however, recalls that discrimination and persecution on the grounds of religion or belief is a disturbing global phenomenon. According to PEW Forum research, around 79% of the world’s population live in countries with high or very high levels of government restrictions, harassment and/or social hostilities.

In a season focused on light and joy, we remember and stand in solidarity with people around the world whose rights to FoRB are violated. We call for action in cases where individuals face discrimination, persecution, imprisonment and death and we highlight below the cases of ten men and women who are deprived of their liberty for the peaceful exercise of their religious beliefs and convictions. We call for their immediate and unconditional release:

The Patriarch of the Eritrean Orthodox Church, who was illegally removed from office in January 2006, remains under house arrest and strict surveillance and is held without charge. He had been calling for the release of prisoners of conscience and had repeatedly objected to government interference in ecclesiastical affairs. While he is now able to receive selected visitors, including relatives, he is unable to discuss his situation with them.

A volunteer lecturer, Azita was imprisoned in October 2015 for “acting against national security” for supporting an informal initiative to provide young Iranian Bahá’ís denied access to higher education with an opportunity to study. Her husband, Peyman Koushk-Baghi, was arrested on similar charges when visiting her in Evin Prison in February 2016. Their only child, Bashir (now aged 7), has, as a consequence, been deprived of his parents’ care.

Twenty-two members of this nonviolent Buddhist group were charged with “plotting to overthrow the government” for circulating sermons by the group’s founder urging freedom of religion or belief and protection of the environment, and were sentenced to a total of 299 years in prison and 105 years house arrest at a closed trial in 2013. Mrs Hong is in very poor health due to harsh detention conditions.

Gao disappeared from his home three years after completing a prison sentence which included long periods in solitary confinement as well as beatings and torture. His work focused on cases related to freedom of religion or belief. Gao was initially held in custody in Beijing, but is now missing. His family doesn’t know exactly where he is or why he is being held. #FreeGao

Hamed is accused of various unfounded charges, including undermining the Yemeni state and spying for Israel. His trial is ongoing. He has experienced excessive pre-trial detention, undue delays in completion of his trial and suffered various forms of torture including being beaten and electrocuted. His case epitomises a recent escalation in harassment against the Yemeni Bahá’ís community which mirrors the systematic persecution suffered by the Bahá’ís in Iran.

Ismayil was arrested in Baku on 12 April 2014 after attending a gathering of approximately forty people to study the works of late Turkish Muslim theologian, Said Nursi and the Qur’anon. He was charged with “carrying out illegal activity under the pretext of spreading religious faith.” The writings of Said Nursi are banned in Russia, Uzbekistan, and Azerbaijan. Nursi readers have been subjected to police raids, confiscation of literature, prison terms and fines in these three countries.

In June 2014, Karam was sentenced to five years in prison for “propagating ‘extremist ideas to incite strife, insult a monotheistic religion, or damage national unity.” This related to a book written by Karam called ‘Where is God?’, which highlighted the stories of poor farmers. Karam states that he writes to expose what he sees as “fake religious discourse” which has “contradictions” and “[oppresses] women”.

17-year-old Nabeel has been held in pre-trial detention since September 2016 on charges of Blasphemy. He is accused of “liking” a Facebook post which “defamed and disrespected” the Kaaba in Mecca. He has no prior convictions and is a juvenile but remains in prison despite his lawyer’s continued efforts to post his bail.

Naser, an Iranian convert to Christianity, was arrested alongside three Azerbaijanis after security agents raided a wedding party in Tehran. All spent four months in prison and were then released on bail. The Azerbaijanis travelled home but Naser was tried and sentenced in May 2017 for “missionary activities” and “actions against national security”. He has had his 10-year prison sentence upheld on appeal.

A leading advocate of freedom of religion or belief and Patriarch of the Unified Buddhist Church of Vietnam, Thich Quang Do has been held under house arrest, under constant Police surveillance, at the Thanh Minh Zen Monastery in Ho Chi Minh City since 2003. He has spent the past three decades either in prison, internal exile or under house arrest for his peaceful appeals for freedom of religion or belief and human rights for all.

Dear Prime Minister,We are writing to express our deep concern about the arrest of the human rights defender Nguyễn Bắc Truyển and his incommunicado, arbitrary, detention since the end of July 2017, and to request his immediate and unconditional release.Mr. Nguyễn Bắc Truyển was last seen on July 30, 2017 while he was waiting for his wife near his workplace at the Redemptorist Church in Ho Chi Minh City. Later that day, the website of the Ministry of Public Security (MPS) announced that he had been arrested along with three other human rights defenders and is alleged by the authorities to have violated Article 70 of the Vietnam Penal Code, which concerns “acting to overthrow the people’s government”, allegedly in connection with the case of human rights lawyer Nguyễn Văn Đài and his assistant Lê Thu Hà, who have been detained without trial since December 2015.

Nguyễn Bắc Truyển is a Hoa Hao Buddhist born in 1968. He was the first entrepreneur in Vietnam to voluntarily introduce social compliance and gender equality standards in his business operations, which he did with his two companies in 2004. Police arrested him for the first time in 2006 and later sentenced him to three and a half years followed by two years of house arrest on a charge of “propaganda against the state” under Article 88 of the Penal Code. The charge arose out of his pro-democracy writing and activism.

After his release in 2010 he participated in the Vietnamese Political and Religious Prisoners Friendship Association, an organization which assists impecunious prisoners and their families. As a legal expert he provided pro-bono legal assistance to families of political prisoners, victims of land grabbing and persecuted religious communities in Southern Vietnam. From 2014 until his most recent arrest he was the coordinator of the assistance program for people rendered disabled by war of the Catholic Redemptorist Bureau for Justice and Peace. Truyển was a 2011 recipient of the Hellman/Hammett award from Human Rights Watch in recognition of his human rights work.

Mr. Truyển married in 2013 and was living with his wife, Ms Bùi Thị Kim Phượng in Dong Thap Province, where the two also advocated for the rights of persecuted Hoa Hao Buddhists. On February 9, 2014 he was detained for one day and expelled from their home. Days later, after receiving threats, Ms Bùi Thị Kim Phượng also fled their home to join him in Ho Chi Minh City where they have been living since, unable to return to Dong Thap.

The circumstances of Mr. Truyển’s arrest remain unclear. Nearly three weeks after his arrest, a note from the MPS dated August 14, 2017 and delivered four days later, informed his family that he was being held at Detention Center B14 in Hanoi, 1600 km away from Ho Chi Minh City. Since his arrest he has not been allowed any visit or contact with his wife and his lawyers. Officials at Detention Center B14 have repeatedly rejected Ms Bùi Thị Kim Phượng’s requests to visit him. The MPS Security Investigation Bureau also denied his lawyer’s request to visit him on August 30, 2017. In the absence of any procedural safeguards, we consider the arrest and detention of Mr. Truyển on July 30, 2017 to have been arbitrary in contravention of Vietnam’s international legal obligations under the International Covenant on Civil and Political Rights (ICCPR) and according to the criteria adopted by the UN Working Group on Arbitrary Detention.

Since Mr. Truyển’s arrest, we received regular reports that MPS officials have continuously harrassed his friends and relatives. The police have summonsed several Hoa Hao Buddhists for interrogation about their relationship with Mr. Truyển. Officials allegedly advised Mr. Truyen’s friends not to offer any support to Bùi Thị Kim Phượng’s or to assist her efforts to travel to Hanoi to provide him with food and medicine. While she has been able to deliver food to Detention Center B14, the prison administration has refused to provide her with any signed document from Mr. Truyển, attesting that he has received the delivery. At the time of writing, officials have not even been allowed Mr. Truyen to call his wife by phone.

Vietnam is a state party to the ICCPR and the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), and is obligated to uphold the rights of all persons deprived of their liberty, including the right to be brought promptly before a judge and to access legal counsel, as well as to be treated with humanity and dignity and not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment (other ill-treatment). These rights are being violated by the continuing incommunicado detention of Mr. Truyển. In addition, any detained person has the right to take proceedings to a judicial authority to challenge the lawfulness of his or her detention through habeas corpus or similar proceedings. The prolonged incommunicado detention of Nguyễn Bắc Truyển, which has now lasted almost three months, constitutes a violation of the prohibition on torture and other ill-treatment under ICCPR’s Article 7 and CAT, as well as the ICCPR’s Article 10 which guarantees persons deprived of their liberty the right to be treated with humanity and dignity. While Vietnamese Criminal Procedure Code Article 58 provides for the suspension of the participation of legal counsel in cases involving charges of infringing national security until the conclusion of the investigation, this provision itself violates the right of access to legal counsel under international human rights law and cannot be used to justify acts that constitute torture or other ill-treatment, the prohibition of which is absolute.

In addition we are concerned that in addition to the violations outlined above, Mr. Truyển’s detention under Penal Code Article 79, is itself a violation of a number of rights guaranteed under the ICCPR, including under Article 9, which prohibits arbitrary deprivation of liberty.

We are similarly concerned that the arrest may have been undertaken in response to his exercise of international protection rights as a human rights defender, including those guaranteed under ICCPR Article 18, which provides for the right to freedom of thought, conscience and religion; and Article 19, which provides for freedom of expression. We recall that under the UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (Declaration on Human Rights Defenders) Viet Nam has a responsibility to protect and facilitate the work of human rights defenders, not curtail it.

Mr. Truyển is a human rights defender who has peacefully exercised his right to freedom of expression to advocate for the rights of others, and has been detained solely for his beliefs and the peaceful exercise of rights protected under international human rights standards. We call on the government of Vietnam to immediately and unconditionally release Nguyễn Bắc Truyển and all other persons who are arbitrarily detained, and to cease harassment of his family, colleagues and fellow activists.

Sincerely and respectfully yours,

Amnesty International
ASEAN Parliamentarians for Human Rights
Asian Forum for Human Rights and Development (FORUM-­‐Asia)
Boat People SOS
Christian Solidarity Worldwide
Civil Rights Defenders
Front Line Defenders
Human Rights Watch
Human Rights Without Frontiers International
International Commission of Jurists
International Federation for Human Rights (FIDH), within the framework of the Observatory for the Protection of Human Rights Defenders
Stefanus Alliance International
VETO! Human Rights Defenders’ Network
Vietnam Committee on Human Rights
World Organization Against Torture (OMCT),
Within the framework of the Observatory for the Protection of Human Rights Defenders

The Observatory for the Protection of Human Rights Defenders, a partnership of FIDH and the World Organisation Against Torture (OMCT), has received new information and requests your urgent intervention in the following situation in Vietnam.

New information:

The Observatory has been informed by the Vietnam Committee on Human Rights (VCHR) about the conviction and sentencing of labour and land rights defender Ms. Tran Thi Nga.

According to the information received, on July 25, 2017, the People’s Court in Ha Nam Province sentenced Ms. Tran Thi Nga to nine years’ imprisonment followed by an additional five years of house arrest under Article 88 of the Vietnamese Penal Code for “spreading propaganda against the Socialist Republic of Vietnam”. Her sentence is related to articles and videos she posted online in which she condemned human rights violations committed by Vietnamese authorities.

Her trial, which was held from 8:30am to 5pm, was closed to independent journalists and foreign diplomats. Ms. Tran Thi Nga’s partner and young children were not allowed to attend the trial, nor were the activists who came to the court in her support. Police officers and plainclothes agents were deployed around the court premises and supporters reported being physically accosted when they tried to approach the building.

Ms. Tran Thi Nga’s health condition has deteriorated over the past few months as a result of a mucosal injury sustained in May 2014, after authorities beat her in reprisal for her work documenting rights violations (see background information). According to her lawyer, she was refused proper medical treatment while detained in Ha Nam Police Detention Centre.

The Observatory strongly condemns the sentencing of Ms. Tran Thi Nga, which only aims at punishing her for her legitimate and peaceful human rights activities and urges Vietnamese authorities to overturn her sentence, immediately and unconditionally release her, and put an end to any form of harassment against her.

On January 21, 2017 Ms. Tran Thi Nga was arrested at her home in Phu Ly, Ha Nam Province, after the police searched her house and confiscated several of her personal belongings. On the same day, Ms. Tran Thi Nga’s partner Luong Dan Ly, a pro-democracy activist and blogger, was also arrested. He was released the following day. The police subsequently accused Ms. Tran Thi Nga of using the Internet “to spread some propaganda videos and writings that are against the Socialist Republic of Vietnam”.

Ms. Tran Thi Nga has suffered repeated intimidation, harassment, detention, interrogation, and physical assaults by security agents because of her human rights activities. In May 2014, a group of five men assaulted her with iron rods, breaking her arm and leg. In the days prior to her arrest in January 2017, Ms. Tran Thi Nga was subjected to increased police intimidation and harassment, including surveillance of her home and the use of physical force to keep her from leaving her house. Police also refused to allow a neighbour to take her two young sons to the city to buy them food.

Actions requested:

Please write to the authorities in Vietnam urging them to:

i. Guarantee in all circumstances Ms. Tran Thi Nga’s physical and psychological integrity as well as that of all human rights defenders in Vietnam;

ii. Immediately and unconditionally release Ms. Tran Thi Nga, as her detention is arbitrary since it only aims at punishing her for her human rights activities, and in the meantime ensure her full and unhindered access to proper medical treatment in adequate medical facilities;

iii. Put an end to all acts harassment, including at the judicial level, against Ms. Tran Thi Nga, as well as against all human rights defenders in Vietnam;

iv. Amend Article 88 of the Criminal Code, to bring it in conformity with international human rights standards;

v. Comply with the provisions of the UN Declaration on Human Rights Defenders, adopted by the UN General Assembly on December 9, 1998, in particular its Articles 1 and 12.2;

vi. More generally, ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international and regional human rights instruments ratified by Vietnam.

Please also write to the embassy of Vietnam in your respective country.

***

Paris-Geneva, July 27, 2017

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory for the Protection of Human Rights Defenders (the Observatory) was created in 1997 by FIDH and the World Organisation Against Torture (OMCT). The objective of this programme is to intervene to prevent or remedy situations of repression against human rights defenders. FIDH and OMCT are both members of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism implemented by international civil society.

]]>https://queme.org/en/observatory-vietnam-conviction-sentencing-labour-land-rights-defender-ms-tran-thi-nga/feed/0Vietnam: Open Letter calling for investigation into the death in custody of Nguyễn Hữu Tấnhttps://queme.org/en/open-letter-calling-investigation-death-custody-nguyen-huu-tan/
https://queme.org/en/open-letter-calling-investigation-death-custody-nguyen-huu-tan/#respondMon, 03 Jul 2017 10:00:49 +0000http://queme.org/?p=37781/ PARIS, 3 July 2017 (VCHR) – The Vietnam Committee on Human Rights (VCHR) supports the Open letter from 32 organizations calling on the Vietnamese authorities to immediately order an independent, impartial and effective investigation into the circumstances surrounding the death of Hoa Hao Buddhist Nguyễn Hữu Tấn who died in police custody on 3 …

PARIS, 3 July 2017 (VCHR) – The Vietnam Committee on Human Rights (VCHR) supports the Open letter from 32 organizations calling on the Vietnamese authorities to immediately order an independent, impartial and effective investigation into the circumstances surrounding the death of Hoa Hao Buddhist Nguyễn Hữu Tấn who died in police custody on 3 May 2017 in Vinh Long province, Vietnam. The letter also calls on the authorities to cease immediately their intimidation and harassment of Nguyễn Hữu Tấn’s family.

OPEN LETTER
CALLING FOR INVESTIGATION INTO DEATH IN CUSTODY OF NGUYEN HUU TAN

We, the undersigned organizations, call on the Vietnamese authorities to immediately order an independent, impartial and effective investigation into the circumstances surrounding the death of Hoa Hao Buddhist Nguyen Huu Tan, who died in police custody on 3 May 2017 in Vinh Long province, Viet Nam. We also call for the findings and conclusions of such an investigation to be made public. Any individuals against whom there is sufficient, prima facie admissible evidence of unlawful involvement in the death, be they State or non-State actors and irrespective of rank or status, must be prosecuted in fair trials. We also call on the authorities to cease immediately their intimidation and harassment of Nguyen Huu Tan’s family.

Nguyen Huu Tan was arrested by officials from the provincial Office of Police Investigation on the morning of 2 May 2017 in Binh Minh township, Vinh Long province. His home was searched and he was accused of breaching Article 88 of the Vietnamese Penal Code by allegedly “disseminating documents with contents against the Socialist Republic of Vietnam”. However, authorities have not provided any information regarding the specific materials alleged to be in the possession of Nguyen Huu Tan or distributed by him. Nor is it clear what, if any, evidence was found during the search of the house. In any event, peaceful criticism of State institutions or authorities is protected by the human right to freedom of expression and must not be criminalised. Nevertheless, Nguyen Huu Tan’s family say an arrest warrant was read and he was taken away and detained at the temporary detention centre of Vinh Long Provincial Police in the early hours of 3 May, where he later died the same day.

On 20 June 2017, the parents of Nguyen Huu Tan received a 1.5-page notice, dated 8 June, summarizing the conclusions from an investigation into the death carried out by the Office of Police Investigation, Vinh Long Provincial Police – that is, the same police force that was responsible for his arrest. According to the notice, the investigation concluded that Nguyen Huu Tan committed suicide by cutting his own throat with a “knife” obtained from the briefcase of an investigator, an act which the investigation determined had been committed “without any influence or assistance by another individual”. The same explanation regarding the act of suicide was provided verbally to Nguyen Huu Quang, the father of Nguyen Huu Tan, when he was shown his son’s body shortly after noon on 3 May. Without further explanation, the notice also stated that two officials had been “partially responsible” for the death and had therefore been demoted.

According to Nguyen Huu Quang, the injuries he saw on his son’s body suggest that he may have been tortured and killed in police custody. He believes the explanation provided by police, and the conclusion of the investigation, are inconsistent and contradictory. When he was shown Nguyen Huu Tan’s body he was lying on his back in a pool of blood. He had a cut across his throat that ran almost from ear to ear and was about 5 cm wide. His windpipe was severed and his neck bone exposed. His forehead was bruised and the skull around the forehead and the side of his head was soft. However, despite the claim that he had committed suicide by cutting his own throat, Nguyen Huu Quang observed no blood on his son’s hands. Also, the length, width and depth of the cut, including severance of the windpipe, made it seem unlikely that the wound was self-inflicted.

After the death of his son, Nguyen Huu Quang was shown two different video clips by the police, which purported to show his son committing suicide. The face(s) of the man or men in the videos who were alleged to be his son could not be seen. In the first, shorter video clip the man shown allegedly cutting his own throat used a knife in his left hand, while Nguyen Huu Tan was right-handed. Nguyen Huu Quang stated that he was later shown a longer video recording that showed a man cutting his throat in a different manner to the man in the first video. He has voiced suspicions that both videos were staged.

The family of Nguyen Huu Tan wished to take his body home after his death and to have an independent autopsy performed. However, according to the family, the police did not release the body for several hours. During that time, the body was cleaned and the cut on Nguyen Huu Tan’s throat was stitched up. His body was placed in a coffin which was then screwed shut. The police brought the coffin to the family’s house, which was surrounded by police. According to the family, when they opened the coffin and attempted to take photographs of the body, police confiscated or destroyed their phones. Local officials then pressured them to bury or cremate the body as soon as possible. The body was therefore buried before any medical evidence could be obtained.

Nguyen Huu Quang says that his family have previously been harassed and intimidated by the authorities, including being followed and visitors being obstructed. He believes that his family has been targeted by authorities because they refuse to join the local branch of the Hoa Hao Administrative Council, a government-aligned body that is believed to monitor the activities of Hoa Hao Buddhists.

We note that torture and cruel, inhuman and degrading treatment, and extrajudicial, summary or arbitrary executions, which constitute a violation of the right to life, are unlawful under international human rights treaties, which are legally binding on Viet Nam. Article 6 of the International Covenant on Civil and Political Rights (ICCPR), to which Viet Nam is a State party, provides that everyone has an inherent right to life, and that no one may be arbitrarily deprived of his or her life. Article 7 provides that no one may be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Both rights are non-derogable, that is, cannot be restricted even in times of emergency which threatens the life of the nation. Article 18 provides that everyone has the right to freedom of thought, conscience, and religion, meaning that they should be free to practice their religion without government interference. Under Article 2(3), State parties must ensure that any person whose rights or freedoms as recognized under the ICCPR are violated has an effective remedy. It also requires that conduct amounting to torture, ill-treatment and unlawful killings be promptly, thoroughly and effectively investigated through independent and impartial bodies and that the perpetrators of violations be brought to justice. Viet Nam is also a State party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Articles 1, 2 and 16 prohibit torture and other cruel, inhuman or degrading treatment or punishment absolutely. Article 12 provides that States must ensure that their competent authorities proceed to a prompt and impartial investigation wherever there is reason to believe that an act of torture has been committed in territory under its jurisdiction.

Given the circumstances surrounding the death of Nguyen Huu Tan, we consider that an immediate, independent, impartial and effective investigation is required, with the findings and conclusions made public. The investigation by the Office of Police Investigation into the conduct of its own officials cannot be regarded as independent, impartial or effective. The finding that two investigators were “partially responsible” for the death is inadequately explained and the inconsistencies observed by Nguyen Huu Quang have not been addressed. The investigation summary also does not address the arbitrary arrest of Nguyen Huu Tan.

Since the death of Nguyen Huu Tan, the police have reportedly threatened to arrest and prosecute other members of his family for “anti-State activities” and security cameras have been installed around the house. Nguyen Huu Tan’s widow, Huynh Thi Muoi, is said to be severely traumatized by the sudden death of her husband. She is so fearful for the safety of their nine-year-old son that she does not allow him to go to school. In addition to ensuring an immediate, independent, impartial and effective investigation, we call on the Vietnamese authorities to immediately end all intimidation and harassment of members of this family and to protect their human rights.

]]>https://queme.org/en/open-letter-calling-investigation-death-custody-nguyen-huu-tan/feed/0Viet Nam: Immediately release prisoner of conscience Pastor Nguyen Cong Chinh and end harassment of his familyhttps://queme.org/en/viet-nam-must-immediately-release-pastor-nguyen-cong-chinh-end-harassment-family/
https://queme.org/en/viet-nam-must-immediately-release-pastor-nguyen-cong-chinh-end-harassment-family/#respondThu, 01 Jun 2017 10:00:46 +0000http://queme.org/?p=37747/PARIS, 1st June 2017 (VCHR) – The Vietnam Committee on Human Rights (VCHR) supports the Joint Open Letter signed by 50 organizations and individuals calling for the immediate and unconditional release of Pastor Nguyễn Công Chính, a prisoner of conscience serving an 11-year prison term since 2011. The letter also calls for an end to …

PARIS, 1st June 2017 (VCHR) – The Vietnam Committee on Human Rights (VCHR) supports the Joint Open Letter signed by 50 organizations and individuals calling for the immediate and unconditional release of Pastor Nguyễn Công Chính, a prisoner of conscience serving an 11-year prison term since 2011. The letter also calls for an end to the harassment of his family.

Open Letter

Vietnam must immediately release prisoner of conscience Pastor Nguyen Cong Chinh and end harassment of his family

We, the undersigned organizations and individuals, call on the authorities of the Socialist Republic of Vietnam to: release Pastor Nguyen Cong Chinh unconditionally and immediately; carry out a prompt, impartial, independent and effective investigation into allegations of his mistreatment while in prison and allegations that his wife, Mrs. Tran Thi Hong, was tortured by the local authorities of Hoa Lu Ward, Pleiku City, Gia Lai Province, while in custody in 2016; bring any identified perpetrators to justice in fair trials; and provide reparations to Pastor Chinh and Mrs. Tran Thi Hong in accordance with Vietnam’s obligations under the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).

Lutheran Pastor Nguyen Cong Chinh was sentenced to 11 years of imprisonment in 2012 after having been convicted of “undermining national unity policy” under Article 87 of Vietnam’s Penal Code, “by maintaining ties with the dissident groups and distributing material deemed to have slandered government authorities”. He was arbitrarily detained and jailed solely for peacefully practicing his faith and exercising his human rights to freedom of thought, conscience and religion and freedom of expression. His non-violent activities in criticizing government policies cannot justify his imprisonment and the abusive treatment and denial of his rights by prison authorities. These include verbal and physical abuse from other prisoners in collusion with or without intervention of prison officials, denial of medical treatment, detention in solitary confinement for a prolonged period, and denial of the rights to practice his religion and to buy additional food from the canteen to supplement the poor prison diet. Cumulatively, his alleged treatment in prison would constitute torture or other cruel, inhuman or degrading treatment or punishment as prohibited under the ICCPR, the CAT and the UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules).

Additionally, Pastor Chinh’s family members, including his wife Mrs. Hong Tran, have also been the alleged victims of harassment which may amount to torture or ill-treatment. On 14 April 2016 at the Hoa Lu Ward, Pleiku City, Gia Lai Province, Vietnam, Mrs. Hong alleges that several unidentified men – whom she believes were undercover public security agents – forced her into a vehicle and took her to the People’s Committee Office where she says she was violently assaulted for more than three hours while being asked about her meeting with a US delegation on International Religious Freedom held on 30 March 2016. She also alleges she was the victim of several other violent incidents perpetrated by State authorities in May of the same year while being questioned about her activism.

Under international treaties binding the state, torture and other cruel, inhuman or degrading treatment or punishment is prohibited in all circumstances and torture is a crime under international law. According to the most recent Constitution (2013), the state “acknowledges, respects, protects and guarantees human rights” (1), guarantees that “the citizen shall enjoy the right to freedom of opinion and speech, freedom of the press, to access to information, to assembly, form associations and hold demonstrations” (2), whereas Article 24 guarantees “freedom of belief and religion” and the equality of all religions before the law.

As government leaders of the Socialist Republic of Vietnam, you are in the position to take steps to ensure that national laws and Constitutional provisions which comply with Vietnam’s international obligations are properly enforced.

We respectfully urge that your government immediately and unconditionally release Pastor Nguyen Cong Chinh and fully restore his legal rights; carry out prompt, impartial, independent and effective investigations into the allegations of torture and other ill-treatment made by Pastor Chinh and his wife Mrs. Hong and bring any identified perpetrators to justice following fair trials and provide reparations to Pastor Chinh and Mrs. Tran Thi Hong in accordance with Vietnam’s obligations under the ICCPR and CAT; respect international human rights laws and standards generally including the rights to freedom of thought, conscience and religion, speech, peaceful assembly and association in particular.

The community of civil society organizations and human rights advocates in Southeast Asia and around the world continue to monitor closely the situation of Mrs. Tran Thi Hong and Pastor Nguyen Cong Chinh, and we will continue to do so until he is released and the criminal conviction is expunged through appropriate legal processes.

]]>https://queme.org/en/viet-nam-must-immediately-release-pastor-nguyen-cong-chinh-end-harassment-family/feed/0Open Letter from EPRID to the Presidents of the European Council, European Parliament and the European Commission regarding the continued mandate of European Special Envoy on FoRBhttps://queme.org/en/open-letter-eprid-to-eu-regarding-continued-mandate-european-special-envoy-forb/
https://queme.org/en/open-letter-eprid-to-eu-regarding-continued-mandate-european-special-envoy-forb/#respondWed, 22 Mar 2017 10:00:26 +0000http://queme.org/?p=37769/